DIGANTA SAIKIA Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) This Revision is preferred against the judgment and order dated 05.07.2011 passed by the learned Sessions Judge, Morigaon in Criminal Appeal No.3/2011, whereby the appellate court has affirmed the judgment and order of the learned SDJM, Morigaon in CR Case No.243/2008, convicting the accused person under Sec. 420 of the Penal Code and sentence him to suffer simple imprisonment for six months and a fine of Rs.1000.00. In default to pay the fine another simple imprisonment for 1 month.

(2.) None appears for the parties. Although, the name of the counsel is shown in the cause list. As the matter is an old pending one, so the same is taken up for disposal.

(3.) The case in brief is that in the year 2006 the accused rented a house in front of the DTO Office, Morigaon and opened there an office naming "M/S AD Automobiles" and advertised that two wheelers and three wheelers automobiles will be sold on loan in easy instalments. Therefore, the complainant on 18.09.2006 paid an advance of Rs.20,000.00 as advance money for a three wheeler vehicle to the accused and the accused gave a receipt against the Rs.20,000.00 and promised to deliver the three wheeler Bajaj Vehicle within fifteen days. Even after expiry of fifteen days the accused failed to keep the promise and till date he has not returned the money nor delivered the Bajaj three wheeler. Hence, the complainant filed the complaint before the court which was registered as CR Case No.243/2008 under Sec. 420 IPC.